TERMS OF SERVICES
|Article -1 PARTIES|
- The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between the person (“User”) website (“WebSite”) and mobile game/application and services (collectively the “Services”) of Spyke Yazılım Anonim Şirketi, (“Spyke or Company”). These terms also apply to any other services that Spyke may provide in relation to the Services, such as customer support, social media, community channels and other websites that we may operate. These Terms of Services constitute legal agreement and contain important information about the rights and obligations of the User.
- Spyke and the User hereinafter shall be each referred to as Party and jointly as
|Article -2 SCOPE|
- Spyke continuously updates, changes, and develops Services at its own discretion. User can therefore only participate or use Services in its respective form provided at any given time by Spyke. Spyke retains the right to cease the Services at any time without providing any ground for it.
- User is liable for ensuring that their own software and hardware is suitable and up to date.
- In addition to these Terms of Services, any existing rules of the Services shall also apply.
- In a case that User does not agree to these Terms of Services or any future updated version of them then User is obliged to cease to access and/or use any of Services. If any future update to these terms requires any action from User in order to comply with updates, the access to the Services shall be suspended until such action is done.
|Article -3 GRANT OF LICENSE|
The Services are available for use only by authorized users in accordance with the terms and conditions set forth in this Agreement. Spyke grants limitations provided herein to access and use the Services using a personal computer for the Service or a mobile device if applicable. Services offered by Spyke are intended solely for the purpose of entertainment. The use of the Services for business or commercial purposes is strictly prohibited. User shall not sell, copy, exchange, transfer, publish, assign, make available to public, copy or otherwise distribute anything that User obtains or derives from the Service.
|Article -4 ACCESS AND USE OF SERVICES|
- User must comply with the laws to be applied in the location where the Services are accessed. If any laws applicable to User restrict or prohibit User from using the Services, User must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
- User undertakes that all the information provided to Spyke while accessing and/or using the Services shall remain true, accurate and complete at all times.
- User is responsible for the internet connection and/or mobile charges that it may incur for accessing and/or using the Services.
- There may be times when Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
- User agrees and acknowledges that under no circumstance it will not:
- use the Services contrary to this Agreement or as in violation of any applicable law;
- use Services to harm anyone or to cause offence or to harass any person;
- engage in any act that Spyke deems to be in conflict with the spirit or intent of the Services;
- disguise, anonymise or hide IP address or the source of any Content that User may upload;
- use the Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from the Services;
- interfere with or disrupt the Services or servers or networks;
- attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to disable or defeat any of the codification and security measures
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information
- deliver, sell, abuse, or enable any third party to use Virtual Items or any other items related to Account
|Article -5 ACCOUNTS|
- In order to use the Services User is obliged to create an account (“Account”). The log in detail such as password and usernames shall be under the control of User.
- User agrees that it shall not give log in details to anyone else or allow anyone else to use log in details or account and that it shall not provide access to any other third party to use its Account.
- Spyke assumes that anyone logging into the Account using log in detail is User. If User fails to keep the login details secretly, or if it shares login details or account with someone else (whether intentionally or unintentionally), User accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate Spyke for any losses or harm that may result.
- In case of an unauthorized access to the log in detail or the Account or any suspicion related thereto the User shall promptly notify Spyke. In this case or in the event that Spyke has concrete evidence of data misuse, Spyke has the right to temporarily block access to the Account.
- Spyke will not be liable to User for any loss that User suffers as a result of an unauthorized person accessing the Account whether fraudulently or otherwise.
- User acknowledges and agrees that no ownership or other property interest in any Account that it creates using any of the Services are granted to User.
- User shall not create an Account or access the Services if User is under the age of 16. Spyke does not accept any responsibility for any unauthorized use of the Services by minors and any use of the credit card or other payment instrument by minors.
- Spyke is entitled to suspend, terminate, modify, or delete any of these Accounts upon its sole discretion.
- User account is personal. User is not entitled to transfer its Account to any other person.
- User shall not;
- use another person or entity’s email address in order to sign up to use Services (including, without limitation, by using Services to impersonate any person or entity, or otherwise misrepresent an affiliation with a person, entity or Services);
- sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than oneself;
- create more than one Account per each of the Services.
|Article -6 OWNERSHIP AND CONTENT|
- All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games) are owned solely by Spyke and are protected by local and international intellectual property rights. Spyke reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its Services.
- Notwithstanding any provision to the contrary herein, User also acknowledges and agrees that User has no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from Spyke, or any other attributes associated with an Account or stored on the Services.
- The Services and WebSite may include contents which may be subject to proprietary rights of other parties. User shall not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any of Spyke Websites, Services, or the content or any portion thereof.
- User is obliged to abstain from any an act causing the proper functioning of the WebSite, any individual Service and/or offers. User is also required to abstain from any measure which may allow unauthorized access to data.
- User disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Spyke “AS IS,” without warranty of any kind, either expressed or implied.
- “User Content” means any communications, images and sounds and all the material, data and information that User uploads or transmits through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. User hereby grants to Spyke and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to User.
- User agrees not to upload, communicate, transmit or otherwise make available any User Content:
- that is or could reasonably be deemed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as infringing of another’s privacy and publicity;
- that could be deemed against fundamental human rights;
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
- which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner.
- By accepting the Terms of Services, User hereby provides its irrevocable consent to monitoring and recording by Spyke. User shall not refrain from such audit by claiming the privacy.
|Article -7 USE OF COMMUNICATION FACILITIES|
- The Services may procure communication facilities such as forums, information groups, chats, blogs, fun pages, or other types of online discussion areas (collectively known as “Forums“) Services which User may post information. The information to be posted is not subject to the prior control of Spyke.
- User takes full responsibility for the content and entries that it posts. User agrees to release Spyke from any legitimate claims from third parties arising from a culpable violation of the User’s obligations. However, User shall grant Spyke the permanent, irrevocable, non-exclusive right to use the content and contributions posted by itself.
- User undertakes not to:
- place online or reveal via the Services any information concerning a real person;
- place online or reveal information which is not generally related to the designated topic or theme of the public Forum in question;
- place online or reveal information which is inappropriate or disrespectful of the usual or targeted users of the Forum;
- harass or disparage other users on the Forum by way of private or public messages;
- violates an applicable law;
- violate any kind of rights of third parties;
- submit obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
- provide content of an abusive, harassing, or defamatory nature;
- include personal data of third parties without their explicit consent.
- Spyke also has the right to exclude the User violating these Terms of Services from all and any kind of Services that Spyke is providing or will be providing.
|Article -8 FEES|
- Within certain Services, Spyke may offer the User the possibility of ordering certain subscriptions, in-game to be purchased with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which (“Virtual Items”), or other goods and services once added to User Account, to be used to maximize the experience within Services. User will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Services or any additional term and services to be published by Spyke and will apply and shall be integrated to these Terms of Services.
- User will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available for such Services.
- Except when explicitly authorized by Spyke, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) User shall not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services shall not be recognized. Any attempt to do any of the foregoing is deemed as a violation of these Terms of Services and will result in an automatic termination of rights the use the Virtual Items and may result in cancellation of User Account. All Virtual Items are forfeited if the Account is cancelled or suspended for any reason, or if Spyke discontinues providing the Services.
- User agrees that it will not assert or bring any claim against Spyke, its affiliates, directors, officers, employees, agents or licensors relating to, (i) a claim regarding any Virtual Items that User owns; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of its Account or modification, termination or expiration of these terms.
- User agrees that all sales performed by Spyke are final, Spyke is not under the obligation to refund any transaction any cost taxes expenses related thereto once it has been made. Additionally, User is not entitled to claim any right, compensation, damage, refund for the Virtual Items or additional items.
|Article -9 CONSEQUENCES OF A BREACH LIABILITIES|
- Spyke is not liable for damages resulting from a User’s breach of its obligations and liabilities.
- Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Spyke to take the following actions against any User violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by Spyke;
- remove content;
- temporarily or permanently block User from Services and WebSite;
- disable the Account of such User from certain features or cancel the Account;
- immediately terminate this Agreement.
- If User has been blocked or excluded, then such User does not have right to log in again to a Service provided by Spyke without the prior consent of Spyke.
|Article -10 LIMITATION OF LIABILITY & INDEMNITY|
- Spyke shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of Spyke’s information) regardless of whether Spyke has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will Spyke’s aggregate liability under this Agreement exceed the fees paid to Spyke by User. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.
- User will indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Spyke, which alleges that the use of the Services by User violates any applicable law, or violates, infringes upon or misappropriates any intellectual property right, publicity/privacy rights or that the any act of the User violates any law or other right of a third party.
|Article -11 DISCLAIMER OF WARRANTY|
- The Services and documentation are provided “as is” and “as available”. Spyke makes no warranties or representations relating to the Services, express or implied, statutory, or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. Spyke does not warrant that the Services will satisfy User’s requirements and that the Services are without defect or error or that operation of the Services or WebSite will be uninterrupted.
- Spyke makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Spyke makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected. User acknowledges that Spyke does not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Spyke is not responsible for any delays, delivery failures, or other damage resulting from such problems.
|Article -12 MODIFICATIONS|
Spyke retains the right to modify these Terms of Services (i) in the event of any amendments made due to legal changes, (ii) in the event of any amendments made due to decisions by the competent legal organs, (iii) because of technical necessity, (iv) in order to maintain company operations, (v) in the event of a change in market conditions. User will be informed of any amendments to this Terms of Services via Spyke’s website. Alternatively, Spyke upon its sole discretion may send User the amended Terms of Services via email. User will be deemed to have accepted such changes by continuing to use any of the Services. If at any point User does not agree to any portion of the current version of the Terms of Services, then such User is obliged to cease the use of Services.
|Article -13 MISCELLANEOUS|
- Assignment User shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of Spyke.
- Waiver No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.
- Entire Agreement This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby.
- Severability If any of the provisions of this Agreement is or becomes invalid, illegal, or unenforceable for any reason, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.
- Partnership Nothing in this Agreement is intended to be construed so as to constitute User and Spyke as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.
- Governing Law All disputes between User and Spyke shall be governed by the laws of Turkey by courts and enforcement located in Istanbul Merkez without regard to conflict of law provisions, and User agrees to submit to the jurisdiction of such court.
- Costs All costs, expenses, transfer fees, taxes, duties, or charges (including stamp taxes) directly linked to the execution of this Agreement shall be borne equally by Spyke and User.